HomeMy WebLinkAbout24-10 Extending the Approval of a Minor Subdivision Plat for Certain Real Propert7 Located Within Firelight Park Minor SubRESOLUTION NO.24-10A
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, EXTENDING THE APPROVAL OF A MINOR
SUBDIVISION PLAT FOR CERTAIN REAL PROPERTY LOCATED
WITHIN FIRELIGHT PARK MINOR SUBDIVISION
WHEREAS, the Board of Trustees, by duly -adopted Resolution No. 22-79, dated July 13,
2022, approved the Firelight Park Minor Subdivision Plat (the "Minor Plat"), submitted by Fire
Voyage Ventures LLC ("Applicant"), as owner of certain real property located within Firelight Park
(the "Property"); and
WHEREAS, on October 26, 2022, the Board of Trustees, by duly -adopted resolution,
extended the date of approval of the Minor Plat to February 13, 2023; and
WHEREAS, on February 8, 2023 the Board of Trustees, by duly -adopted resolution,
extended the date of approval of the Minor Plat to June 13, 2023; and
WHEREAS, on June 14, 2023 the Board of Trustees, by duly -adopted resolution, extended
the date of approval of the Minor Plat to September 13, 2023; and
WHEREAS, on September 13, 2023 the Board of Trustees, by duly -adopted resolution,
extended the date of approval of the Minor Plat to December 12, 2023; and
WHEREAS, Applicant has requested again that the Board of Trustees extend the date of
approval of the Minor Plat for a period of one hundred and twenty (120 days) to April 10, 2024;
and
WHEREAS, the Board of Trustees has reviewed Applicant's request and, based on the
application materials, has determined that there are no reasons to deny a fifth extension of time.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees hereby approves a ninety -day extension for the
Firelight Park Minor Subdivision Plat to April 10, 2024, having an effective date of January 10,
2024, but subject to the following conditions:
(a) All conditions of the original Firelight Park Minor Subdivision Plat approval from
July 13, 2022, as set out in Resolution No. 22-79, shall remain valid and in full force and effect,
and shall apply to the extension request; and
(b) If not executed and recorded by April 10, 2024, the Firelight Park Minor
Subdivision Plat shall lapse, unless extended by resolution of the Board of Trustees.
Section 2. Any delay or lapse between the adoption of this resolution and the effective
extension date set forth in Section 1(b) of Resolution No. 23-94 shall not be deemed to be a
condition of default by Applicant under Resolution No. 23-94 or to render the Firelight Park Minor
Subdivision Plat null and void.
Section 3. Unless otherwise extended by resolution of the Board of Trustees, the
approval of the Firelight Park Minor Subdivision Plat, and the extension thereof, as provided by
Resolution No. 22-79, Resolution No. 22-112, Resolution No. 23-25, Resolution No. 23-68,
Resolution No. 23-94, and this Resolution, shall be null and void if the conditions set forth in Section
1 are not satisfied.
PASSED AND ADOPTED this 1 h day of January, 4.
Drew Alan Peterson, Mayor
ATTEST:
STOAI
Knstli Bashor, Town Clerk rf TOWN
APPROVE AS TO it SEAL' �Q
NTY,,.C'�
William P. Hayashi, To Attorney
2
RESOLUTION NO.22-79
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A MINOR SUBDIVISION PLAT;
AND ACCEPTING THE PROPERTY INTERESTS DEDICATED BY THE
MINOR SUBDIVISION PLAT FOR CERTAIN REAL PROPERTY
LOCATED WITHIN FIRELIGHT PARK MINOR SUBDIVISION PLAT;
AND AUTHORIZING A SUBDIVISION DEVELOPMENT AGREEMENT
PERTAINING TO THE FIRELIGHT PARK MINOR SUBDIVISION PLAT
WHEREAS, Voyage Ventures LLC ("Applicant"), as owner of certain real property located
within Firelight Park (the "Property"), has submitted a proposed minor plat for the Property, entitled
"Firelight Park Minor Subdivision Plat" (the "Minor Plat"); and
WHEREAS, the Firestone Planning and Zoning Conunission, after conducting a public
hearing on the proposed Minor Plat on June 16, 2022, rendered a decision recommending approval
of the Minor Plat with two (2) conditions as more fully set forth in PC-22-08, dated June 16, 2022;
and
WHEREAS, on July 13, 2022, the Board of Trustee conducted a public hearing on the
proposed Minor Plat; and
WHEREAS, after reviewing the evidence and argument presented at the Board of
Trustees, the Board of Trustees finds the proposed Minor Plat to be in substantial compliance with
the technical requirements of the Firestone Development Code; and
WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best
interest of the Town and its citizens to accept the Firelight Park Minor Subdivision Plat
Subdivision Agreement and to accept financial guarantees for improvements to be constructed by
the Applicant.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The above Recitals and Findings of the Board of Trustees are hereby
incorporated into this resolution.
Section 2. The Board of Trustees hereby approves the Firelight Park Minor Subdivision
Plat, attached hereto as Exhibit A and incorporated herein by this reference, subj ect to and contingent
upon compliance with the following conditions:
(a) All minor, technical corrections to the Firelight Park Minor Subdivision Plat
shall be made to the Town's satisfaction.
(b) Final Construction Documents shall be approved by the Town Engineer
prior to the start of constriction activities.
EXHIBIT A
Firelight Park Minor Subdivision Plat
Section 3. The Firelight Park Minor Subdivision Plat Subdivision Development
Agreement between the Town of Firestone and Voyage Ventures LLC is hereby approved in the
form substantially similar to the form attached hereto as Exhibit B. The Mayor is authorized to
execute the Subdivision Development Agreement on behalf of the Town.
Section 4. The ,dedication of all easements and all other places designated for public
use as shown upon the Firelight Park Minor Subdivision Plat are hereby accepted by the Town of
Firestone, subject however, to the condition that the Town shall not undertake maintenance of any
easement or other place designated for public use until after construction of all necessary public
improvements has been satisfactorily completed by the land owner and accepted in writing by the
Town of Firestone.
Section 5. The Mayor and Town Clerk are hereby authorized and directed to certify
upon the Firelight Park Minor Subdivision Plat the Town's approval and acceptance thereof. The
Town Clerk is hereby authorized and directed to file the subdivision plat with Weld County Clerk
and Recorder's office upon fulfillment of all conditions as indicated herein.
Section 6. Unless otherwise extended by resolution of the Board of Trustees, the
approval of the Firelight Park Minor Subdivision Plat shall be null and void if the conditions set
forth in Section 2 are not complied with within one hundred and twenty (120) clays of the date of
this Resolution.
PASSED AND ADOPTED thisay of July 2.
ATTEST:
• -g, Town fill
•
2
Alan Peterson, Mayor
EXHIBIT A
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EXHIBIT B
Firelight Park Minor Subdivision Plat
Subdivision Development Agreement
{FINAL PLAT NAME}
SUBDIVISION AGREEMENT
THIS SUBDIVISION AGREEMENT ("Agreement") is made and entered into this
day of 20_5 by and between the TOWN OF FIRESTONE, a Colorado
municipal corporation, PO Box 750, Firestone, Colorado, 80516, hereinafter referred to as
"Firestone" or "Town," and {OWNER NAME), a {State} corporation, {Address, City, State,
Zip Code}, hereinafter referred to as "Owner;" and
WHEREAS, Owner has submitted a Final Plat for•' Final Plat Name} ("Development")
attached hereto as "Exhibit A" and incorporated herein -by r:'eference. Said Final Plat has been
approved by Firestone; and ,
WHEREAS, The Town has reviewed its'Water Supply Plan' 5"wh\ch addresses the Town's
existing water obligations and its present and(future water supplies. The Town has also reviewed
its Conservation Plan and its Municipal Code regarding water dedications, and has determined, at
its sole discretion, that it will be able to provide an,adequate water supply toes rove the Properties
water needs at full build out pursuant 'to -Section 29-20 ;301 C R.S. et seq. As a term and condition
of providing said water, the Developer hereby agrees to comply with the Town's Municipal Code
regarding water dedications and cash in 1 u-of water ded ci ations; and
WHEREAS, the -regulations of Firestone i
with Firestone relative to improvements related to
WHEREAS, this `standard'agreement h
addition of certain special"provisions;: if any, in
agree as
enter into an Agreement
modified by the parties as indicated by the
IIX.
foregoing, the parties hereto promise,
I. TOWN"ADMINISTRATIVE OFFICIAL
For the purposesof�this Agreement, "Town Administrative Official" shall be defined as the Town
Manager or his or her•designee.) I
H. DEVELOPMENYOBLIGATION AND COORDINATION
Owner shall be responsible for'performance of the covenants set forth herein. Unless specifically
provided in this Agreement to the contrary, all submittals to Firestone and acceptances required of
Firestone in connection with this Agreement shall be submitted to, or rendered by, the Town
Administrative Official, who shall have general responsibility for coordinating development with
Owner.
III. PUBLIC USE DEDICATION
Owner shall convey to Firestone certain lands as described as open space and park in "Exhibit A"
attached hereto and incorporated herein by reference. Conveyance of these lands shall be by plat
2020 09-23 Town DRAFT
dedication in form and substance acceptable to Firestone. If not already conveyed, conveyance
shall be made within thirty (30) days of the date of this Agreement. Owner shall also furnish at
the time of conveyance, at its own expense, an ALTA title policy for all interest(s) so conveyed,
subject to acceptance by the Town of Firestone. The property shall be free and clear of liens, taxes
and encumbrances except for ad valorem real property taxes up to the date of dedication to the
Town, but subject to all easements, rights -of -way, reservations, restrictions or other title burdens
of record.
IV. PUBLIC AND COMMON FACILITIES IMPROVED
Owner agrees to design, construct and install according tol
improvements and common facilities specifically regulated�a
including, but not limited to, street, alley, curb, gutter, sidewalks,
street lights, water, waste water, storm sewer and' drainage
improvements on and off of the Development (hereinafter "Publ
Facilities") and as described in "Exhibit B" attached'hereto and
awn accepted plans, all public
ecessary for the Development
landscaping, irrigation, fencing,
improvements, trails and park
to dedicate said improvements to Firestone, of others for the common
year guarantee for all improvements constructed., `\ /'N'
A. Construction Standieds_
Owner shall construct allimpr(
improvements constructed in rel,
specifications accepted in writm
current Design/Standars and
("Standards and' Specifications"),
rents" and "Common
hereof. Owner agrees
ies, and give a two (2)
e&,by this Agreement, and any other
-l'opr lent, in accordance with plans and
andin full conformity with Firestone's
)ecifications, for Public Improvements
B. Engineering and Consulting Services
Owner agrees to furnish, at its -expense, all necessary engineering and consulting services
ree afing to the design\and construction of &"\Development, including but not limited to,
•street, alleys curb,.gutter, sidewalks landscaping, irrigation, fencing, street lights, signage,
water, waste w ter, storm sewer and dra ni age improvements, trails and park improvements.
Said engineering and consul in\services shall conform to the standards and criteria for
Public Improvements \established and accepted by Firestone. These services shall be
perfor�med`by or under -the supervision of a Registered Professional Engineer and/or
RegistereLand Surveyr,)or other professionals as appropriate, licensed by the State of
Colorado, and in, accordance with applicable Colorado law. The design services shall
include inspection services deemed necessary by Firestone.
C. Plan Submission and Acceptance
Owner shall furnish to the Town Administrative Official the required fees and complete
plans for all improvements and development phases. Firestone shall issue its written
acceptance or rejection of said plans as expeditiously as reasonably possible. Said
acceptance or rejection shall be based upon the standards and criteria for Public
Improvements as established by Firestone, and Firestone shall notify Owner of all
deficiencies which must be corrected prior to acceptance. All deficiencies shall be
corrected and said plans shall be resubmitted to and accepted by Firestone prior to
2020 09-23 Town DRAFT 2
construction. All acceptances required hereunder from Firestone shall be made by the
Town Administrative Official.
D. Public Improvement Permits ("PIP")
Before the construction or installation of any improvements, Owner shall obtain a PIP from
Firestone as provided in the Code. The PIP application, fees, plans, specifications and any
other data filed by Owner will be reviewed by Firestone. If found to be complete and in
accordance with Firestone's current Standards and Specifications and other pertinent
requirements, Firestone will issue Owner the PIP. Owner shall reimburse Firestone for any
additional expenses incurred by Firestone for the/review of plans or inspection of
construction work by consultants engaged by Firestone/for that purpose. The Developer
shall also apply and pay for a PIP for all common facilities.
E. Licensing of Contractors and/or Subcontractors
Owner shall ensure that all Contractorsrand subcontractors employed by the Owner shall
be licensed by the Town before any work `on the Improvements`sis% commenced.
F. Testing and Inspection \
Testing and inspection of the •construction af&iinaterials shall be in\-ccordance with
Firestone's current Standard's and Spe`ifications: lin,addition, Owner shall employ, at its
own expense, a licensed and registerdd,testing company; to perform all testing of materials
or construction that may be requitedbyFirestone Owner, shall furnish copies of test results
to the Town Administrative Official 'on a tnnely basis for,,re'vi ew and acceptance prior to
commencement or continuation of that particular phase -of construction. At all times during
said construction; Firestone shall have,access,to inspect the materials and workmanship of
said construction and all materials and,. work not conforming to the accepted plans and
specifications shall 6e�repaired-or removed and replaced at Owner's expense so as to
confoSrmto the.aacccepted'pla s and specifications.
All"work shown on the acc pted plan requires plans inspection by the Engineering Division.
Except Town of Firestone holidays, inspection services are provided Monday through
Friday; from 8:00 a.mtol4:00 I'll ;m� During the hours listed above, inspections shall be
scheduled a,minimum of 24 hours inadvance with the Engineering Division. Requests for
inspection\services beyond the hours listed above shall be submitted a minimum of 48
hours in advance,in writing to the Town Engineer for acceptance. Owner shall reimburse
the Town for all-dir`ect costs of the after-hours inspection services. If the request is denied,
the work shall not proceed before or after the hours listed above.
Common Facilities shall have inspections performed by a professional consulting service
acceptable to Firestone. At all times Firestone shall have access to inspect the materials
and workmanship of the Common Facilities if deemed necessary by Firestone. Inspection
services for landscaping will also include the selection and tagging of plant materials prior
to delivery to the site. Landscape and irrigation inspection services shall conform to the
Firestone's current Standards and Specifications or Development Code.
2020 09-23 Town DRAFT 3
G. Rights -of -way, Easements and Permits
Prior to commencement of construction of Public Improvements that require additional
rights -of -way to be acquired, Owner shall acquire at its own expense and convey to
Firestone, all necessary land, rights -of -way and easements required by Firestone for the
construction of the proposed improvements related to the Development. Owner is only
obligated to acquire that portion of land, rights -of -way and easements necessary for the
construction of Public Improvements, roads and utilities required by this Agreement.
All such conveyances shall be free and clear of liens, taxes and encumbrances and shall be
by Special Warranty Deed or easement in a form and sub tance acceptable to Firestone.
All title documents shall be recorded by Firestone/at- Owner's expense. Owner shall also
furnish, at its own expense, an ALTA. title insurance .,olicy for all interest(s) so conveyed,
subject to acceptance by Firestone.
Owner shall be responsible for obtaining the following to the -,extent applicable:
1. All permits as required by the,,United States Corps of Engineers.
2. Colorado Department of Health `and Environment ("CD1HE") "General
Permit for Stotmwafer.DischargesA ociated with Construction Activity",
required during onstr-uction
3. T,own of,Fireston6` 'Stormwater Quality�P�ermif' per Firestone's current
is
&—shalHu�ish andinstall, at its own experise, the street improvements in conformance
the drawings, plans and sppcifications`accepted by Firestone and in accordance with
I. `Sidewalk Improvements
Owner sh`all\furnish and. iinstall, at its own expense, all sidewalk improvements in
conformance i h the drawings, plans and specifications accepted by Firestone.
J. Street Signs, Tr`affie Signs, and Striping
Owner will furnish and install at Owners expense street name signs, striping, stop signs,
speed limit and other signs on all streets, in accordance with the Manual of Uniform Traffic
Control Devices, as from time to time amended, and other applicable legal requirements.
K. Street Lights
Owner shall furnish complete plans for street lighting to be reviewed and accepted by
Firestone. The total cost of street light installation shall be Owner's obligation. Owner shall
cause, at its own expense, United Power to install all required street lighting pursuant to
2020 09-23 Town DRAFT 4
United Power plans and specifications as submitted to and accepted in writing by the Town
Administrative Official. Said street lights shall be installed concurrently with the streets
on which they are located. The type of street lights shall be accepted by Firestone. Street
lights shall be operational before the streets are open to the public. Owner shall be
responsible for payment of all utility billing for street lights prior to Final Acceptance.
L. Water Improvements
Owner shall furnish and install all water mains, lines, and appurtenances in conformance
with the drawings, plans and specifications accepted by Firestone.
M. Wastewater Improvements
Owner shall furnish and install all sewer lines and appurtenances in conformance with the
drawings, plans and specifications approved bythle- fSt`.'Vrain Sanitation District.
N. Drainage Improvements
1. Drainage improveme
Owner in accordance with
Firestone. Unless otherwE
be initiated by`Owner until
by the issuance f t e�PIP.
during and aftenpo er-lot gi
for
the Development\shall be constructed by
.wings, plans and specifications accepted by
pproved b Town, over4ot`grading shall not
stone approves drainage improvement plans
vnershall provide temporary erosion control
as until the. site is stabilized.
tall be constructed by the
plans.
3. `Owner shall be responsible\for obtaining a CDPHE "General Permit for
Stormwater Discharges Associated with Construction Activity" required
,durmg�construction.:zA copy,\ofhis permit shall be submitted to Firestone.
4. Owner 1agrees that all construction shall be in conformance with any and all
National, ollutant Discharge Elimination Systems (NPDES) standards
\� including compliance with and applicable NPDES and CDPHE permits
issued to the Owner, applicable to the Development. The Owner further
\ \agrees that in the event there is any violation of such standards or permits
issued, if the Town, as a result of the Owners actions, is subject to or is
given/6 monetary fine, penalty or any type of obligation is imposed; such
circumstance will constitute a default under the terms of this Agreement.
Failure of the Owner to cure the default by reimbursement to the Town,
upon notice to cure as required by Section X.0 herein, shall result in a
default of this Agreement.
5. Owner shall be responsible for obtaining a Town of Firestone "Stormwater
Quality Permit" per Firestone's current Standards and Specifications.
6. All drainage improvements not located on Town owned property shall be
2020 09-23 Town DRAFT
maintained by the Owner, {HOA Name} ("HOA"), {Metro District Name},
maintenance district, or final property owner (the "Obligated Entity").
Drainage improvements may include, but are not limited to: landscaping,
open areas, grass, shrubs, trees, retaining walls, sidewalks, ponds, pipes,
underdrains, swales, drain pans, and inlet and outlet structures.
7. Owner shall include the Obligated Entity in the final inspection procedures
for the drainage improvements and shall provide Firestone with the
Obligated Entity's written acceptance of the maintenance responsibility for
the drainage improvements prior to FinallAcceptance.
O. Landscape Improvements
For public lands, common facilities, and
complete final landscape and irrigation p
Firestone prior to commencement of; co
improvements as required in the landscape
accepted by Firestone. Landscape plansn,
single-family residential lots. For all de
single-family detached development, Owner
plans to the Town Administrative� �Official for
improvements. \ \�
rights-of-way,`NOwner shall furnish Firestone
in 36r each phase and obtain acceptance by
struction. Owner shall construct landscape
plan before the constructed improvements are
not be provided for,private landscaping on
ipment ,and Common Facilities other than
shall furnish final landscape and irrigation
acceptance prior to installation of landscape
P. Utility Coordination and`In'stallation \
Owner shall be r fponsible,for coordination of and payment -for installation of on -site and
off -site elec6i ,\treet lights, natural,�gas� elephone; cable television and other such
utilities. All new : \d existing utilities s all be placed underground as required by the
Firestone e Municipal Q de'("Code") prior;to t e issuance of any building permit for the
Development�Necessary aboveground appulen ances (meters, transformers, etc.) shall be
carefully located with Xmaximum aesthetic considerations, and outside of any sight
triangles. Any aboveground appurtenances at will be visible from the public rights -of -
way, shall be screened,,Xromxview. Screening shall consist of landscaping and/or, low
fending shall be installed�,in accordance with the Firestone Development Code. Specifics
of the screening requirements shall`be reviewed with the Landscape Plans and as amended
once util ties are installed.
Q. Undefdrafns
The Owner may choose to install foundation underdrains and a site wide underdrain
collection system under the sanitary sewer system. The Town grants the use of Town
owned right-of-way for these facilities but the Town assumes no maintenance
responsibility for the facilities. These underdrain systems shall be maintained by the
Obligated Entity.
The Owner shall install a curb underdrain system pursuant to the Standards and
Specifications and as shown on the Town accepted construction plans. This system shall
be maintained by the Town.
2020 09-23 Town DRAFT 6
R. Maintenance Definition
Maintenance is the process of preserving capital improvements, structures, development,
or systems to meet its function or original intent of the facility. This is the preservation,
conservation, keeping in good conditions, operating safely, operating efficiently, testing,
inspection, servicing, repairing, grading, cleaning, picking up trash and debris, pest control,
painting, mowing, pruning, and prolonging of these facilities. Maintenance also includes
the provision of financial support to maintain the facilities. Facilities include but are not
limited to: landscaping, open areas, grass, shrubs, trees, playgrounds, site furniture and
fixtures, retaining walls, signs, sidewalks, drainage structures such as ponds, swales, drain
pans, inlets, and outlet structures. ,I
Maintenance may involve many different number and types of companies, services,
individuals to look after the facility and thetabilittyto coordma`te these efforts. Maintenance
includes both routinely scheduled activities; as well as non-rou i e repairs that may be
required.
A maintenance plan should be prepared \nand submitted as part''of`the development
review/approval process analbe provide7to\``1K Obligated Entity, -responsible for
maintenance activities. �.
V. IMPROVEMENT ACCEPT
A. InitialAcceptance-\
No later than ten (10) days after Public Improvements and/or Common Facilities are
substantially complete, Owner shall request of the Town Administrative Official an
inspection by Firesso e. If`Owner.�does not request this inspection within ten (10) days of
completion of the Public Improvements and/,o_r,Common Facilities, Firestone may conduct
the `nspection withoutethe,,approval of`Owner. Owner shall provide Firestone with
,co plete "as-builfXdrawings . a form as�def ned in Firestone's current Standards and
Specifications. I?'Owner has not completed appropriate Public Improvements and/or
Common n Facilities as provided'for in this Agreement, Firestone may exercise its right to
secure performance as provided in Section X.0 of this Agreement. If Public Improvements
and/or Common Facilities completed by Owner are satisfactory, the Town Administrative
Official shallNgrant "Initial;Acceptance," which shall be subject to "Final Acceptance" as
set forth herein'\ If\Public Improvements and/or Common Facilities are not satisfactory,
the Town Admi in strative Official shall provide written notice to Owner of the repairs,
replacements, construction or other work required to receive Initial Acceptance. Owner
shall complete all needed repairs, replacements, construction or other work within thirty
(30) days of said notice, weather permitting. After Owner completes the repairs,
replacements, construction or other work required, Owner shall request of the Town
Administrative Official a re -inspection of such, work to determine if Initial Acceptance can
be granted, and Firestone shall provide written notice to Owner of the acceptability or
unacceptability of such work prior to proceeding to complete any such work at Owner's
expense. If Owner does not complete the repairs, replacements, or other work required
2020 09-23 Town DRAFT 7
within thirty (30) days of said notice, Firestone may exercise its rights to secure
performance as provided in Section X.C. of this Agreement. Firestone reserves the right
to schedule re -inspections. No "Certificate of Occupancy" will be issued by Firestone prior
to Initial Acceptance without written approval from the Town Administrative Official.
Additionally, for Common Facilities, the Owner shall include the Obligated Entity in the
final inspection procedures and provide Firestone with written acceptance of the Common
Facilities for maintenance from this final Obligated Entity.
B. Maintenance of Improvements
1. Warranty f
Owner shall provide Firestone with: a warranty starting from the date of
Initial Acceptance until the date Final=Acceptance. This warranty period
shall be for a minimum of ttwo (2) years or until eighty percent (80%) of the
building permits have been issued for the phase, whichever occurs later, on
all Public Improvements and shall provide a two (2)�year Warranty to the
Obligated Entity for the Common Facilities. \
2. Maintenance of-1mprovemen\ts//>
For the entire�Warranty period,�Owner shall, at its own expense, take all
actions necessary`to-, ntain said\Public Improvements and make all
needed repairs or�-replacements whkh,\in the reasonable opinion of
Firestone, shall become necessary, except that Firestone shall be
re (sponsible\for snow\rem� al on -publicist ets. If within thirty (30) days
aafter Owners receipt of`written notice from Firestone requesting such
`repairs or replacements,Owner has not completed such repairs, Firestone
may exert se .its, -rights to secure performance as provided in Section X.0 of
,,-this Agreement �In the event that said repair is solely determined by the
--'`', j%-wn to be an emergency, the Town may immediately complete said repairs
and invoice the Owner the-Town's actual costs. The owner shall reimburse
the Town within sixty (60) days after receipt of written notification or repair
and supporting documentation from the Town Administrative Official. No
~` acceptances, shall be issued until Owner has made full payment for said
C. Final Aceeptance'
At least thirty (30)-,days before the Warranty period elapses from the issuance of Initial
Acceptance, or as soon thereafter as weather permits, Owner shall request a Final
Acceptance inspection in writing. The request shall be made to the Town Administrative
Official. The Town Administrative Official shall inspect the Public Improvements and
shall notify Owner in writing of all deficiencies and necessary repairs. After Owner has
corrected all deficiencies and made all necessary repairs identified in said written notice,
the Town Administrative Official shall issue to Owner a letter of Final Acceptance, as soon
as reasonably possible thereafter. If Owner does not correct all deficiencies and make
repairs identified in said inspection to Firestone's satisfaction within thirty (30) days after
2020 09-23 Town DRAFT
receipt of said notice, weather permitting, Firestone may exercise its rights to secure
performance as is provided in Section X.0 of this Agreement. If any mechanic's liens have
been filed with respect to the Public Improvements, Firestone may retain all or a portion
of the Improvement Guarantee up to the amount of such liens. If Owner fails to have Public
Improvements finally accepted within two (2) years of the date of the issuance of Initial
Acceptance or any Public Improvements are found not to conform to this Agreement, and
Firestone's current Standards and Specifications, then the Owner shall be in default of the
Agreement and Firestone may exercise its rights under Section X.0 of this Agreement.
D. Reimbursement to Firestone 1/
In the event it becomes necessary for Firestone td ci
and/or Common Facility improvements due to the/failui
Improvements and/or Common Facility improver
construction, repairs, replacements, or other work with
Guarantee, in which event Owner shall=r'eimb`urse Fir(
receipt of written demand and supportng'documentati
Official. If Owner fails to so reimburse\Firestone, thei
Agreement and Firestone may exercise it rights under
VI. IMPROVEMENT GU
nplete the Public Improvements
of Owner to complete said Public
nts, Firestone may complete
ands,other than the Improvement
tone within sixty (60) days after
n from.the�Town Administrative
Owner shaIl 'be in default of this
ection X.0 of�this Agreement.
A. Public Improvement and` Common�Facilities"Schedule
Owner has submitted -the certified,,Public Improvement and`Common Facilities Schedule
f N r
shown as "Exhibit,B' �atillied hereto and incorporated,herein by reference. Said exhibit
generally identifies those,Public Improveme is to b641iirnished, installed or constructed
relative to the Development. Omission�oflany improvement from "Exhibit B" does not
relieve Owner frorm responsibility for\furnishing, installing or constructing such
improvement: �,�The Owner,,-9ha1l- list --,all Common Facilities separately and subtotal
B:, ' Improvement. Guarantee
Owner shall submit to �the;Town Administrative Official an Improvement Guarantee for all
Public 'Improovements 'to Final Plat prior to recordation of this agreement. Said
guarantee maybe in cash or a letter of credit in form and substance.
1. Said,,Iiiiprdvement Guarantee shall include, but not be limited to, street,
curb;,,gutter, sidewalks, landscaping, fencing, street lights, water, sewer,
storm sewer and drainage improvements, trails and park improvements on
or off the Development.
2. The total amount of the guarantee for the Development shall be calculated
as a percentage of the total estimated cost including labor and materials of
all Public Improvements to be constructed in the Development as described
on "Exhibit B." The total minimum amounts are as follows:
2020 09-23 Town DRAFT 9
a) Prior to commencement of construction of Public Improvements and
Common Facilities improvements: 115% of the amount(s) shown on
"Exhibit B."
b) Upon Initial Acceptance of the Public Improvements in each phase
through Final Acceptance: 25% of the amount(s) shown on "Exhibit
B." The guarantees may be reduced on a phased basis as shown on
"Exhibit D."
c) Upon Initial Acceptance of Common Facilities: 0%.
d) After Final Acceptance of Public Improvements: 0%. The
guarantees may be released n a phased basis as shown on "Exhibit
f
3. In addition to any other rembdies it may have, Firestone may, at any time
prior to Final Acceptance., r'aw on anyJettter of credit or Improvement
Guarantee received pursuant�to'this Agreement. �� 1
In the event that,�a) he Owner f fails to extend or replace the letter of credit
at least sixty (60) days priorto expiration -,.of such letter of credit, b) the letter
of credit is set to expire; ).Firrestone receives notice that the letter of credit
will not -be renewed, d) the entity issuing the letter of credit becomes non -
qualifying\; or e) the lever of credit- in the sole determination of Firestone,
t is,at risk 0being lost as�alguarantee, tlien„in any of these events, the Owner
ohallbe m default of this,.Agreement and Firestone may immediately draw
on the letter of credit for the full amount of the letter of credit. In such event
------ as identif edtlierein no notice�or prior notice shall be required prior to
�.drowin on the letter of. rc odi6
The Town rn `y libld the funds obtained from the letter of credit until the
Public\Improvements. and Common Facilities as set forth on "Exhibit B"
are completed andacceptedby the Town. In the event the Public
.Improvements and Common Facilities are not completed by the Owner
within the time period set forth in this Agreement or in the manner as
required by this Agreement, the Town may, at its sole discretion, use any or
all of'tthe funds to complete some or all of the Public Improvements and
Common Facilities. In any event, the Town shall have no obligation to
complete any or all of the Public Improvements and Common Facilities.
Owner is further subj ect to the provisions of Section X.0 of this Agreement,
as well as the suspension of development activities by Firestone including,
but not limited to, the withholding of building permits and certificates of
occupancy.
In the event that the cost of the Public Improvements and Common
2020 09-23 Town DRAFT 10
Facilities and construction is reasonably determined by Firestone to be
greater than the amount of the security guarantee provided by the Owner to
the Town, then Firestone shall furnish written notice to Owner of the
condition, and within thirty (30) days of receipt of such notice Owner shall
provide Firestone with a substituted qualifying Improvement Guarantee, or
augment the deficient security as necessary to bring the security into
compliance. If Owner fails to provide Firestone with a substituted
qualifying Improvement Guarantee, or augment the deficient security as
necessary to bring the security into compliance, then Owner is in default of
this Agreement, without further notice, a d is subject to the provisions of
Section X.0 of this Agreement, as well' as the suspension of development
activities by Firestone including; but not limited to, the withholding of
building permits and certificates offoccupancy.
4. If Firestone draws on the 11
Public Improvements and 1
not utilized in correcting tl
shall be returned to Owner
said Public Improvements
5. Building Permit Res"trie.6
Owner agrees that the execs
construction plans;'orb the
Aonstruction:of the Public h
a)
of credit to correct deficiencies or complete
:non Facilities, any portion of said guarantee
-ficiencies and/or completing improvements
:in thirtyy (3:0) days after,Fi� Acceptance of
CO MO Facilities.
wof his Agreement, the Town's approval of
ri's, issuance Hof any type of permit for
ovements does not in any way, constitute an
)cations -or building permits.
and acknowledges that the expenditure
ion and installation of any Public
ments`priorMo`approval of building permit allocations or
\permits is ._exclusively at the Owner's risk. The Town
the.right, in exercise of its police power, to choose not to
.lding permits, or otherwise restrict or condition the granting
ng permits for the Development based on current or future
ns or ordinances of the Town. Unless specifically restricted
tioned by current or future resolutions or ordinances of the
building permits may be granted once all Public
ments for the development or within each Phase of the
development are operational as solely determined by the Town.
b) Upon written request of the Owner, at the sole discretion of the Town,
the Owner may begin construction of the Public Improvements
without furnishing an Improvement Guarantee, as provided in this
Agreement, upon the following conditions:
i. The Owner has not transferred title to any portion of the
2020 09-23 Town DRAFT 11
Development.
ii. The Owner shall be required to obtain Initial Acceptance
of all Public Improvements for the development or
within each Phase of the development prior to the
issuance of a building permit.
iii. After the Owner begins construction of the Public
Improvements, if the Public Improvements remain
unfinished for a period of one (1) year from the date this
Agreement becomes effective, the Town shall require an
Improvement Guarantee in accordance with this
Agreement in lieu of/he building permit restriction
required by thisSubsection. The Owner will have fifteen
(15) days to provide'.tHe Town such an Improvement
Guarantee, or the Town,,may issue a stop work order to
remain'/inffect until the -Improvement Guarantee is
provided' to the Town. Tlie�Town Administrative
Official., 'at their sole discretion; may grant a single
extension,of'up tone (1) additional,year.
'' The Owner shall' not ransfer title to any portion of the
iv:
, vello`pment pr�or to Initial Acceptance being granted
by the Town or upon providing the Town an
\&o ement Guarantee in accordance with this
c)` Upon the Towris Initial Acceptance of the Public Improvements,
which shall include receipt of the Improvement Guarantee as outlined
in Section NQ.B, this,building permit restriction shall be removed.
VII. OVERSIZING AND REIMBURSEMENT'
Firestone may require Owner to build�utility 1 ni es -and other infrastructure large enough to serve
property'•other\than Owners�(oversizi g). Firestone may also require Owner to construct or
participate in the constructiomof certain off -site Public Improvements. Certain such improvements
qualify for reimbursement pursuant to the policies of Firestone.
A. Reirnbu'rsement due to Owner for Qualifying Public Improvements
Owner is entitled to,reimbursement for the oversize part of utilities and other infrastructure
and/or a pro-rata portion of the cost of off -site Public Improvements. At the time of final
approval of a subdivision plat or other development plans for properties that use these
utilities or Public Improvements, Firestone will require as a condition of approval, a
proportional reimbursement to Owner as described in "Exhibit C," attached hereto and
incorporated herein by this reference. Nothing contained in this Agreement shall operate
to create an obligation on the part of Firestone to pay or reimburse any costs to Owner in
the event such costs are not recovered by Firestone as contemplated herein, for any reason,
from the properties or property owners that use the utilities or Public Improvements, so
2020 09-23 Town DRAFT 12
long as Firestone has made a good faith effort to recover such costs.
B. Reimbursement due from Owner for Qualifying Public Improvements
Constructed by Others
Owner will be required to reimburse Firestone or others who have constructed oversized
utilities and other infrastructure that will be utilized by Owner's property. The amount of
the reimbursement due, if any, is described in "Exhibit C. "
VIII. MISCELLANEOUS CONSTRUCTION STAND
A. Trash, Debris, Mud
Owner agrees that during construction of the Development and improvements described
herein, Owner will take appropriate steps necessary to'control trash, debris and wind or
water erosion in the Development. If Firestoneietermines.that said trash, debris or wind
or water erosion causes substantial damage or injury or creates a nuisance, Owner agrees
to abate said nuisance in accordance with Ordinances but,no.later than twenty-four
(24) hours after notification of said nuisance. If Owner does not abate said nuisance,
Firestone may abate the nuisance and/or correct anydrainage or injurywithout notice to
Owner, at Owner's expense _Owner also agrees' totakeany and alKreasonable steps
necessary to prevent the transfer of -mud or debris from the construction site onto public
rights -of -way and to immediately remove such mud an`d debris from public rights -of -way
after notification by Firestone. If Owner-does--noo abate or,if an emergency exists as solely
determined by he�Town, Firestone may ab t at Owner's expense. Owner is further subject
to the provisions/of-Section X.C�of�this Agreement, as well as the suspension of
development" -activities by, Firestone \ ncl ding, but `not) limited to, the withholding of
building permrts� nd certificates of occupancy.
The,,op'eratibn of`construction equipment outside an enclosed structure shall be prohibited
onAweekdays betweeen the hours 7:00 p m. and 7:00 a.m. With the prior written approval
ofthe Town Administrative Official, the operation of such equipment outside an enclosed
stru\ ,may be permitted on weekend days and legal holidays between the hours of 8:00
a.m. and14:00�p.m. The\Town Administrative Official may alter the hours of operation for
good cause. All construction activities shall operate in accordance with all Town codes,
ordinances, drid`policies in regards to sound and noise. Failure to comply with this
provision may result -in the Owner to subjected to the provisions of Section X.0 of this
Agreement, as well asthe suspension of development activities by Firestone including, but
not limited to, the withholding of building permits and certificates of occupancy.
IX. SPECIAL PROVISIONS
A. Transportation
{Describe major on/off site transportation improvements}
B. Phasing Map ("Exhibit D")
2020 09-23 Town DRAFT 13
The Development shall be constructed as outlined in "Exhibit D". All Public
Improvements within each phase shall be installed and operational as solely
determined by the Town prior to the Town issuing building permits. Each Phase
shall have two points of access, a looped water system, and shall have the
appropriate sanitary sewer substantially completed and operational, as determined
by the Town, prior to the issuance of any building permit for that Phase. No building
permits may be issued within any subsequent phase until Public Improvements in
the previous phase are installed and operational as solely determined by the Town.
C. Dedication of Open Space
Owner shall pay a fee in lieu of open spa f and Hdedication for {#} acres of open
space. The fee in lieu payment is outlined in "Exhibit C."
D. Installation of Parks, Landscaping and Trails
\.
Owner shall design and construct/{:Park, Landscape, Trail-,ImprovementsI on Tracts
{_} as shown on the accepted construction plans. Owner shall purchase a water tap
and pay necessary raw water dedication fees for Tracts {_}�
E. Maintenance of Par-ks; Trails, O`penl\Space an'd Landscaping
Tracts {_} shall be maintained by the ObligatedEntity.
F. Maintenance of Vacantots�
Owner shall -be -responsible for maint� ce, including weed control, on all lots
until such time -the lots are sold`to ajhomeowner•.,
G.
I.
J.
Fencing within the 'Development'shall be installed in accordance with Title 16 of
the —Code.
Utilities ;\ \ \
Owner shall, provide .the Town with all necessary permanent and temporary
`drainage and utility easements prior to construction.
site water improvements}
1. The Metropolitan District Disclosure statement indicating the existence of
a Title 32 Metropolitan District ("Exhibit F") shall be signed by the property
owner purchasing a new home from a homebuilder with execution of the
sales contract for the property.
2. The Oil and Gas Well Disclosure is evidenced by the recordation of the
existing Surface Use Agreements and various Letter Agreements with the
Oil and Gas companies. A statement indicating the existence of such
2020 09-23 Town DRAFT 14
0
documents ("Exhibit G") shall be signed by the property owner with the
execution of the sales contract for the property.
MISCELLANEOUS TERMS
A. Ground Water Dedication
As provided by Firestone ordinances, all tributary and not non -tributary ground water rights
not already transferred to Firestone shall be dedicated to Firestone at the time of Final Plat
recordation. Transfer of the water rights shall be by Special Warranty Deed tendered to
Firestone prior to signatures being affixed to this agreeme't.
B. Default
If Owner fails to fulfill the terms and cot
discretion, may declare Owner in default
of credit provided for in Section VI, ad(
Firestone in law and equity. Firestoneanz
certificates of occupancy, or provision,
completion of the Public Improvements ai
cured by Owner. Any costs incurred by F:
administrative costs and reasonabl -attor
breach by Owner shall be p,
Improvement Guarantee. Fire
hereunder by an action for
performance, .or an -action to Y
deemed exclusive but shall;
law or in equ W:,
If
in
itioiis of this Agreement, Firestone, in its sole
.id may call the security and draw on the letter
nay further ex re cis'eall remedies available to
also, withhold any additional building permits,
f\new utilities fixtures or services until the
:Common Fa ilities and/orat default has been
;stone; including, but not limited to, reasonable
y's fees; `in pursuit of any remedies due to the
Firestone may deduct these costs from the
ve the right�to enforce the Owner's obligations
1e remedy, including injunction or specific
;es�No remedy or election hereunder shall be
,ible. be cumulative with all other remedies at
fails,to fulfill theterms.and conditidns of Section VI of this Agreement, or any
netary, security o`r,,surety `defau�t�Firestone, in its sole discretion, may declare
default' nd may immediately all -the security due and draw on the letter of credit
for in Sectlon'lUl without notice to Owner, and may further exercise all remedies
Jo Firestone'in law and,equity and as provided for herein.
C. In`surance and Safety
Owner shall,'through contract requirements and other normal means, guarantee and furnish
to Firestone proof there9fthat all employees and contractors engaged in the construction
of improvements are covered by adequate Workman's Compensation Insurance and Public
Liability Insurance, and shall require the faithful compliance with all provisions of the
Federal Occupational Safety and Health Act (OSHA).
D. Indemnification and Release of Liability
Owner agrees to indemnify and hold harmless Firestone, its officers, employees, agents, or
servants, and to pay any and all judgments rendered against said persons on account of any
suit, action, or claim caused by arising from, or on account of acts or omissions by Owner,
its officers, employees, agents, consultants, contractors, and subcontractors, and/or suit,
2020 09-23 Town DRAFT 15
action, or claim resulting from mineral right disputes and/or Owner's failure to abide by
the terms of this Agreement, and to pay to Firestone and said persons their reasonable
expenses, including but not limited to, reasonable attorney's fees and reasonable expert
witness fees, incurred in defending any such suit, action or claim. Owner's obligation
herein shall not apply to the extent said suit, action or claim results from any acts or
omissions of officers, employees, agents, or servants of Firestone or conformance with
requirements imposed by Firestone, said obligation of Owner shall be limited to suits,
actions, or claims based upon conduct prior to Final Acceptance by Firestone of the
construction work. Owner acknowledges that Firestone's review and acceptance of plans
for development of the Development is done in furthera ce of the general public's health,
safety and welfare and that no immunity is waived and no/pecific relationship with or duty
of care to, Owner or third parties is assigned by}sureview acceptance.
E. Recording Agreement ,�
Firestone shall record this Agreement at`Owner's expense the office of the Clerk and
Recorder, County of Weld, State of((Col ado, and Firestone shall retain the recorded
Agreement. \ \\
F. Binding Effect of Agreement 11
This Agreement shall be binding upon and
successors in interest, or their ,legal-rUresent
and subsequent owners of any lots, or parcel
covenants running with the land: \Ov
hereunder until written notice to the Tc
said obligations to a su cessor, accompE
the successor, have`been received by Firc
as required by Paragraph XX.H-has been
the -County Clerk &Recorder of Weld
the cond ns prec dent�herein, this Agr
G. \ Assignment, Delegation -and Notice
the benefit of the parties, their
hiding all developers, purchasers
ie,Pronerty. and shall constitute
hall -.not 661, released from its obligations
drninistrativc ` Official of the assignment of
ywritten acceptance of such obligations by
and consent to such assignment by Firestone
-d. This Agreement shall be recorded with
Colorado, at Owner's expense. Subject to
1 may be enforced in any court of competent
Owner shall.,provide to the�Town Administrative Official, for consent, written notice of. 1)
any proposed transfer ofjtitle to all or any portion of the Development, 2) arrangements for
delegation obtransfer of the Improvement obligations hereunder to any successor, and 3)
successor's written,acceptance of such Improvement obligations. Notwithstanding the
forgoing, Owner ink' sell developed lots or all of the multi -family tracts without
Firestone's consent, provided that the purchaser deposits with Firestone all guaranties,
security and sureties required under this Agreement. Until the Town Administrative
Official provides written consent to the assignment, Owner and Owner's successors and
assigns shall be jointly and severally liable for the assigned Improvement obligations.
Firestone may withhold its consent in the event it reasonably determines that the
Improvement obligations or any constituent element of this Agreement may not be fulfilled
through assignment or that the benefit of Firestone's bargain under this Agreement may be
materially and adversely impaired by such assignment.
2020 09-23 Town DRAFT 16
H. Modification and Waiver
No modification of the terms of this Agreement shall be valid unless in writing and
executed with the same formality as this Agreement, and no waiver of the breach of the
provisions of any sections of this Agreement shall be construed as a waiver of any
subsequent breach of the same section or any other sections which are contained herein.
I. Addresses for Notice
Any notice or communication required or permitted thereunder shall be given in writing
and shall be personally delivered, or sent by United States mail, postage, prepaid, registered
or certified mail, return receipt requested, addressed as follows:
Firestone:
Town of Firestone f { Owner N }�
Town Manager ,f {Onwer's ContactN'ame &Title}
P.O. Box 100 {Owner;s.Address} '
Firestone, CO 80520
William P.
Williamson and Hayash
1650 38th Street, Suited
Boulder, CO 80301
ill
With a copy to such other addre
designated in wrrtmg,by the applic
shall -be -effective non -mailing or
{,Owner's,City, State Zip Code}
t{Owner's Attorney Name}
\ {Owwer , ttomey's Firm}
{F.irm's Address}
{Firnz,'s City, State Zip Code}
tt" ention of'such other person(s) as hereafter
in conformance with this procedure. Notices
elivery in compliance with this paragraph.
I Force Majbure
Whenever Owner is required,to complete construction, maintenance, repair, or replacement
of improvements by an agreed�uon deadline, Firestone shall grant a reasonable extension
of tirrie�f the performance,cannot,a's a practical matter, be completed in a timely manner
due to Acts of God or other circumstances constituting force majeure or beyond the
reasonable control of Owner.
K. Approvals,_ %
Whenever approval or acceptance of a matter is required or requested of Firestone pursuant
to any provisions of the Agreement, Firestone shall act reasonably in responding to such
matter.
L. Previous Agreements
All previous written agreements between the parties, their successors, and assigns,
including, but not limited to, any Annexation, Pre -Annexation Agreement, or Development
Agreement shall remain in full force and effect and shall control this Development. If any
prior agreements conflict with this Agreement, then this Agreement controls.
2020 09-23 Town DRAFT 17
M. Title and Authority
Owner warrants to Firestone that it is the record owner for the property within the
Development. The undersigned further warrant having full power and authority to enter
into this Agreement.
N. Severability
If any part, section, subsection, sentence, clause or phrase of this Agreement is for any
reason held to be invalid, such invalidity shall not affect the validity of the remaining
sections of the Agreement. The parties hereby declare t at they would have ratified this
Agreement including each part, section, subsection/ sentence, clause or phrase thereof,
irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or
phrases be declared invalid. 77
O. Legal Fees; Venue'`
In the event that either party finds it necessary to retain an attorney in connection with a
default by the other as to any of the provisions contained in this agreement, the defaulting
party shall pay the other's reasonable attorne�;s fees and costs in uc rred-,in enforcing the
provisions of this Agreement^`For the resolution of any dispute arising`�he'reunder, venue
shall be in the Courts of the C,ounry of,Weld, State of Colorado.
P. Agreement Status AfterXinal c ec ptance
Upon Final Acceptance,by FirestoneV all ii#V or vements,arid compliance by Owner with
all terms and ',conditions of this Agreement, and -provided that no litigation or claim is
pending relatingt o this Agreement, this Agreement, with the exception of any maintenance
and reimbursement;obligations, shall terminate and no longer be in effect.
%
and is
ner and Firestone, or their successors and
not be enforced by, any third parties.
FOLLOWING PAGE]
2020 09-23 Town DRAFT 18
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth
above.
TOWN OF FIRESTONE, COLORADO
Jessica Koenig, Town Clerk
William P. Hayashi,
2020 09-23 Town DRAFT 19
OWNER:
{Owner Name}
ON
AM
STAT
com
202
(SEA]
{Name}
2020 09-23 Town DRAFT 20
EXHIBITS LIST
EXHIBIT A — {FINAL PLAT NAME} FINAL PLAT
EXHIBIT B — PUBLIC IMPROVEMENT SCHEDULE
EXHIBIT C — PUBLIC IMPROVEMENT REIMBURSEMENT SCHEDULE
EXHI
EXHI
EXHI
EXHI
2020 09-23 Town DRAFT 21
EXHIBIT A
{Final Plat Name} Final Plat
2020 09-23 Town DRAFT 22
EXHIBIT B
Public Improvement Schedule
2020 09-23 Town DRAFT 23
EXHIBIT C
Public Improvement Reimbursement and Fee In Lieu Schedule
Reimbursements due Owner:
1.
Reimbursements due Firestone:
Reiml
Fee In
2020 09-23 Town DRAFT 24
EXHIBIT D
Phasing Plan
2020 09-23 Town DRAFT 25
EXHIBIT E
Landscape Maintenance Map
2020 09-23 Town DRAFT 26
EXHIBIT F
Metropolitan District Disclosure
The undersigned, being the purchasers identified in that certain
("Purchase Contract") dated , 20, between
a as seller, and the
undersigned, as purchaser, with respect to Block , Lot , (name of subdivision) ,
Town of Firestone, County of Weld, State of Colorado (the "Lot") do hereby acknowledge and
agree as follows, which acknowledgments and agreements are g given in consideration of and as a
condition to Seller's agreement to sell to the undersigned the dot and the home to be constructed
thereon:
Purchaser acknowledges that the Lot
"District"). The District has issued or expect'§ to`ss1
revenues produced from annual ad valorem p or pert,,
and personal property within the District. The,,
acknowledges that it has been advised: that financing
the proposed or existing ad valorem ;pr perty tax
N.indebtedness, and the potential for aninc er ase m,suc]
Purchaser acknowledges that the
by the District are in.addition to other ad
said Lot.
The following examples coral
of a Distrr c levying an annual ad va
within the bo' nda'ries ofa Distri uct.
property with ActuahValue(a�de
PROPERTY WITHIN DISTRICT
purchased `is within the boundaries of the
Titan District, a special taxing district (the
to general obligation bonds that are paid by
tax levies imposed on allof the taxable real
Purchaser\ has been advised and hereby
plans of�the District are vailable and detail
mill levies of the District servicing such
rty tax mill levies imposed
other taxing entities against
are the tax impacts between a property within the boundaries
orem property tax mill levy of 50 mills, and a property not
This example is based on a, single-family residence on a
ermined by -the County Assessor) of $300,000.
TAXI NG`AUTHORITY
\ .r MILL LEVY
TAX AMOUNT
COUNTY �.,
25
597.00
SCHOOL DISTRICT NI/
j 48
1146.24
TOWN _ f
18
429.84
FIRE v
12
286.56
LIBRARY
4
95.52
METROPOLITAN DISTRICT
50
1321.76
TOTAL
157
3876.92
2020 09-23 Town DRAFT 27
PROPERTY WITHOUT DISTRICT
TAXING AUTHORITY
MILL LEVY
TAX AMOUNT
COUNTY
25
597.00
SCHOOL DISTRICT
48
1146.24
TOWN
18
429.84
FIRE
12
286.56
LIBRARY
4
95.52
TOTAL
107\
2555.16
IN WITNESS WHEREOF, the undersigned
Disclosure this day of , 20_
STATE OF COLORADO )
ss.
COUNTY OF )
The
20_, by _
WITNESS my
STATE OF
COUNTY OF
The foregoing
20_, by
this Metropolitan District
strument was acknowledged'be orb -me tRis-) day of
ind'and official seal.
expires � � �
� \ Notary Public
O )�
ss�
\:f
'st um nt was acknowledged before me this day of
WITNESS my hand and official seal.
My commission expires:
Notary Public
'2020 09-23 Town DRAFT 28
EXHIBIT G
OIL AND GAS DISCLOSURE
The undersigned, being the purchaser(s) identified in that certain
("Purchase Contract") dated , 20 , between ,
a , as seller, and the undersigned, as purchaser, with respect to
Block , Lot , {Final Plat Name}, Town of Firestone, County of Weld, State of Colorado
(the "Lot") do hereby acknowledge and agree as follows, acknowledgements and
agreements are given in consideration of and as a conditionrof Seller's agreement to sell the
undersigned the Lot and the home to be constructed therdori
The undersigned hereby acknowledges the
well facilities (and the possibility of additional,
property encompassed by the {Final Plat Name} si
current and possible future oil and gas wells and,re
Plat Name}Final Plat, as amended from time to tii
gas interests affecting the property m y exist which
records. The oil and gas leases and other interests
premises which activity may include drilhsites, gat
and access roads, all as further described in the of
the premises.
rit existence of oil and gas wells and related
wells and facilities) located within the real
vision plat(s) ("Plat'-)` The locations of the
d well facilities are\identified on the {Final
\In addition to the foregoing, other oil and
or may not be recorded in the real property
erally permit certain surface activity on the
ng pipelines, production sites and facilities,
d gas leasesland other documents affecting
The undersigned;acknowledge that neither they nor Sellei will own any interest in the oil
and gas or mineral estate nderly f g the property comprising {Final Plat Name}. There may be
ongoing oil and gas operation andproduction of'oil\and gas within {Final Plat Name}, including
in the vicinity of the Lots, as well as'the,exi`stence opipeline easements and access routes across
portions of{Final'Plat Na }. Additional�o\ and -gas wells may be drilled, and oil and gas
operations,and production will likely take place within {Final Plat Name}, including in the vicinity
of the Lots; hich oil and g s\production will affect portions of the surface of the real property
comprising{Final Plat Name}:\,Heavy,dlling equipment will be used in connection with the
operation and drilling of oil and gas wells within {Final Plat Name}and in conjunction with any
production obtained from successor wells. Such operations may be conducted on a 24 hour/seven
days a week basis. Owners of.,real�property within {Final Plat Name}will be bound by the terms
and provisions of surface use agreements entered into between the surface owners or developer of
the land and certain oil and gas owners and/or operators. These surface use agreements contain
waivers, including a waiver of surface damage payments, a waiver of setback and waivers of other
requirements contained in the Rules and Regulations of the Colorado Oil and Gas Conservation
Commission, as well as a waiver of the right by an owner of any portion of the surface of the real
property within {Final Plat Name} to object in any forum to the use by oil and gas companies of
a portion of the surface of the real property within {Final Plat Name}.
The undersigned acknowledges and recognizes the existence of such oil and gas leases and
other interests, and the surface activity associated with such oil and gas leases, and the undersigned,
2020 09-23 Town DRAFT 29
to the extent it owns or becomes the owner of real property in {Final Plat Name}, assume the risk
of owning property near or adjacent to an oil and gas well operation. Such risks include, without
limitation, injury or damage to person and/or property arising out of, or resulting from the drilling,
operation and maintenance of an oil and gas well; noise associated with an oil and gas well
operation; explosion and fire; leakage of oil and/or gas from drilling or production facilities;
vehicles servicing the oil and gas site.
IN WITNESS WHEREOF, the undersigned has/have executed this Oil and Gas Well
disclosure the day of .20
STAT
COUT
20
Witne
My C1
STAT
COUT
20
Witness my hand and official seal.
My Commission expires
Notary Public
2020 09-23 Town DRAFT 30
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